A five-judge constitution bench headed by Chief Justice of India DY Chandrachud on Tuesday ruled against the legalisation of same-sex marriage in a 3:2 split verdict.

The verdict was delivered on a batch of petitions seeking marriage equality in India. The crux of these petitions was centered on the gender-neutral interpretation of the Special Marriage Act (SMA), a secular law aimed at facilitating inter-caste and inter-faith marriages. Petitioners sought to broaden the SMA’s scope to include same-sex marriages too.

Also Read: Same-Sex Marriage Verdict Live Updates: SC cannot strike down Special Marriage Act provisions, Parliament should decide, says CJI

Here are the key quotations made by Chief Justice D Y Chandrachud during the Supreme Court’s verdict on Same-Sex Marriage:

  1. “There are 4 judgments. There is judgment by me, Justice Kaul, Justice Bhat and Justice Narasimha. There is a degree of agreement and a degree of disagreement on how far we have to go.”
  2. “Queerness can be regardless of one’s caste or class or socio-economic status.”
  3. “All persons, including queer persons, have the right to judge the moral quality of their lives. The meaning of liberty is the ability to be who one wishes to be.”
  4. “Choosing a life partner is an integral part of choosing one’s course of life. Some may regard this as the most important decision of their life. This right goes to the root of the right to life and liberty under Article 21.”
  5. “Contrary to Justice Bhat’s judgment, directions in my judgment do not result in the creation of an institution, rather they give effect to the fundamental rights under Part 3 of the Constitution.”
  6. “Material benefits and services flowing to heterosexual couples and denied to queer couples will be a violation of their fundamental right.”
  7. “The institution of marriage has changed which characterizes the institution..from sati and widow remarriage from interfaith marriage.. marriage has metamorphized..”
  8. “Failure of State to recognise the bouquet of rights flowing from a queer relationship amounts to discrimination.”
  9. “Right to enter into union cannot be restricted on the basis of sexual orientation.”
  10. “Unmarried couples, including queer couples, can jointly adopt a child.”
  11. “Law cannot assume that only heterosexual couples can be good parents. This would amount to discrimination. So the adoption regulations are violative of the constitution for discrimination against queer couples.”
  12. “If we hold section 4 of the special marriage act as unconstitutional then purpose of the progressive legislation will be lost..if it is held void it will take India back to pre independence era clothed in social inequality and religious intolerance and erading one ill at the cost of another..”
  13. “Humans live in complex societies… our ability to feel love and connection with one another makes us feel human. We have an innate need to be seen and see…the need to share our emotions makes us who we are. These relationships may take many forms, natal families, romantic relationships etc. The need to form part of a family is a core part of the human trait and is important for self development.”
  14. “Transgender people have the right to marry under existing law.”
  15. “There shall be no harassment to queer community by summoning them to the police station solely to enquire about their sexual identity. Police should not force queer persons to return to their natal family. No person shall be forced to undergo any hormonal therapy.”
  16. “Regulation 5(3) of the Central Adoption Resource Authority, which excludes queer couples from adoption, is violative of Article 15 of the Constitution.”